{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-256.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-256.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-256.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-256.html"}],"law_id":80695,"edition_id":1,"section_id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","history":"Code 1950, \u00a7 16.1-195; 1956, c. 555; 1958, c. 344; 1973, c. 440; 1977, c. 559; 1979, c. 701; 1980, c. 234; 1981, c. 184; 1983, c. 349; 1986, c. 295; 1996, cc. 755, 914; 2021, Sp. Sess. I, c. 30.","full_text":"No warrant of arrest shall be issued for any juvenile by a magistrate, except as follows:\n\n1\n\nAs provided in § 16.1-260 on appeal from a decision of an intake officer to refuse to authorize a petition based solely upon a finding that no probable cause exists; or2\n\nUpon a finding of probable cause to believe that the child is in need of services or is a delinquent, when (i) the court is not open and (ii) the judge and the intake officer of the juvenile and domestic relations district court are not reasonably available. For purposes of this section, the phrase “not reasonably available” means that neither the judge nor the intake officer of the juvenile and domestic relations district court could be reached after the appearance by the juvenile before a magistrate or that neither could arrive within one hour after he was contacted.\n\t\t\tWhen a magistrate is authorized to issue a warrant pursuant to subdivision 2, he may also issue a detention order, if the criteria for detention set forth in § 16.1-248.1 have been satisfied.\n\t\t\tWarrants issued pursuant to this section shall be delivered forthwith to the juvenile court.","order_by":null,"text":{"0":{"id":289279,"text":"No warrant of arrest shall be issued for any juvenile by a magistrate, except as follows:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":289280,"text":"As provided in § 16.1-260 on appeal from a decision of an intake officer to refuse to authorize a petition based solely upon a finding that no probable cause exists; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":289281,"text":"Upon a finding of probable cause to believe that the child is in need of services or is a delinquent, when (i) the court is not open and (ii) the judge and the intake officer of the juvenile and domestic relations district court are not reasonably available. For purposes of this section, the phrase “not reasonably available” means that neither the judge nor the intake officer of the juvenile and domestic relations district court could be reached after the appearance by the juvenile before a magistrate or that neither could arrive within one hour after he was contacted.\n\t\t\tWhen a magistrate is authorized to issue a warrant pursuant to subdivision 2, he may also issue a detention order, if the criteria for detention set forth in § 16.1-248.1 have been satisfied.\n\t\t\tWarrants issued pursuant to this section shall be delivered forthwith to the juvenile court.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13976,"edition_id":1,"name":"Immediate Custody, Arrest, Detention and Shelter Care","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":161527,"object_type":"structure","relational_id":13976,"identifier":"4","token":"16.1\/11\/4","url":"\/16.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56400,"structure_id":13976,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","url":"\/16.1-246\/","token":"16.1\/11\/4\/16.1-246","metadata":false},{"id":55210,"structure_id":13976,"section_number":"16.1-247","catch_line":"Duties of person taking child into custody","url":"\/16.1-247\/","token":"16.1\/11\/4\/16.1-247","metadata":false},{"id":55045,"structure_id":13976,"section_number":"16.1-247.1","catch_line":"Custodial interrogation of a child; parental notification and contact; inadmissibility of statement","url":"\/16.1-247.1\/","token":"16.1\/11\/4\/16.1-247.1","metadata":false},{"id":57660,"structure_id":13976,"section_number":"16.1-248","catch_line":"Repealed","url":"\/16.1-248\/","token":"16.1\/11\/4\/16.1-248","metadata":false},{"id":66525,"structure_id":13976,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","url":"\/16.1-248.1\/","token":"16.1\/11\/4\/16.1-248.1","metadata":false},{"id":85303,"structure_id":13976,"section_number":"16.1-248.2","catch_line":"Mental health screening and assessment for certain juveniles","url":"\/16.1-248.2\/","token":"16.1\/11\/4\/16.1-248.2","metadata":false},{"id":77469,"structure_id":13976,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","url":"\/16.1-248.3\/","token":"16.1\/11\/4\/16.1-248.3","metadata":false},{"id":56829,"structure_id":13976,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","url":"\/16.1-249\/","token":"16.1\/11\/4\/16.1-249","metadata":false},{"id":70154,"structure_id":13976,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","url":"\/16.1-249.1\/","token":"16.1\/11\/4\/16.1-249.1","metadata":false},{"id":76378,"structure_id":13976,"section_number":"16.1-250","catch_line":"Procedure for detention hearing","url":"\/16.1-250\/","token":"16.1\/11\/4\/16.1-250","metadata":false},{"id":59519,"structure_id":13976,"section_number":"16.1-250.1","catch_line":"Repealed","url":"\/16.1-250.1\/","token":"16.1\/11\/4\/16.1-250.1","metadata":false},{"id":55186,"structure_id":13976,"section_number":"16.1-251","catch_line":"Emergency removal order","url":"\/16.1-251\/","token":"16.1\/11\/4\/16.1-251","metadata":false},{"id":70845,"structure_id":13976,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","url":"\/16.1-252\/","token":"16.1\/11\/4\/16.1-252","metadata":false},{"id":62537,"structure_id":13976,"section_number":"16.1-253","catch_line":"Preliminary protective order","url":"\/16.1-253\/","token":"16.1\/11\/4\/16.1-253","metadata":false},{"id":61705,"structure_id":13976,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","url":"\/16.1-253.1\/","token":"16.1\/11\/4\/16.1-253.1","metadata":false},{"id":82642,"structure_id":13976,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","url":"\/16.1-253.2\/","token":"16.1\/11\/4\/16.1-253.2","metadata":false},{"id":56938,"structure_id":13976,"section_number":"16.1-253.3","catch_line":"Repealed","url":"\/16.1-253.3\/","token":"16.1\/11\/4\/16.1-253.3","metadata":false},{"id":60177,"structure_id":13976,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","url":"\/16.1-253.4\/","token":"16.1\/11\/4\/16.1-253.4","metadata":false},{"id":65132,"structure_id":13976,"section_number":"16.1-254","catch_line":"Responsibility for and limitation on transportation of children","url":"\/16.1-254\/","token":"16.1\/11\/4\/16.1-254","metadata":false},{"id":82466,"structure_id":13976,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},{"id":80695,"structure_id":13976,"section_number":"16.1-256","catch_line":"Limitations as to issuance of warrants for juveniles; detention orders","url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","metadata":false},{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},{"id":74524,"structure_id":13976,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","url":"\/16.1-258\/","token":"16.1\/11\/4\/16.1-258","metadata":false}],"previous_section":{"id":82466,"structure_id":13976,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","url":"\/16.1-255\/","token":"16.1\/11\/4\/16.1-255","metadata":false},"next_section":{"id":82001,"structure_id":13976,"section_number":"16.1-257","catch_line":"Interference with or obstruction of officer; concealment or removal of child","url":"\/16.1-257\/","token":"16.1\/11\/4\/16.1-257","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-256\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1958, chapter 344; in 1973, chapter 440; in 1977, chapter 559; in 1979, chapter 701; in 1980, chapter 234; in 1981, chapter 184; in 1983, chapter 349; in 1986, chapter 295; in 1996, chapters 755<\/a> and 914<\/a>.<\/p>","references":[{"id":82466,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","order_by":null,"url":"\/16.1-255\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"}],"refers_to":[{"id":66525,"section_number":"16.1-248.1","catch_line":"Criteria for detention or shelter care","order_by":null,"url":"\/16.1-248.1\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"}],"permalink":{"id":161609,"object_type":"law","relational_id":80695,"identifier":"16.1-256","token":"16.1\/11\/4\/16.1-256","url":"\/16.1-256\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-256\/","token":"16.1\/11\/4\/16.1-256","dublin_core":{"Title":"Limitations as to issuance of warrants for juveniles; detention orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-256","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No warrant of arrest<\/span> shall be issued for any juvenile by a magistrate<\/span>, except as follows:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> As provided in § 16.1-260<\/a> on appeal<\/span> from a decision of an intake officer<\/span> to refuse to authorize a petition<\/span> based solely upon a finding<\/span> that no probable cause<\/span> exists; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon a finding<\/span> of probable cause<\/span> to believe that the child is in need of services or is a delinquent, when (i) the court<\/span> is not open and (ii) the judge<\/span> and the intake officer<\/span> of the juvenile and domestic relations district court are not reasonably available<\/span>. For purposes of this section, the phrase “not reasonably available<\/span>” means that neither the judge<\/span> nor the intake officer<\/span> of the juvenile and domestic relations district court could be reached after the appearance<\/span> by the juvenile before a magistrate<\/span> or that neither could arrive within one hour after he was contacted.\n\t\t\tWhen a magistrate<\/span> is authorized to issue<\/span> a warrant pursuant to subdivision 2, he may also issue<\/span> a detention order<\/span>, if the criteria for detention set forth in § 16.1-248.1<\/a> have been satisfied.\n\t\t\tWarrants issued pursuant to this section shall be delivered forthwith to the juvenile court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATIONS AS TO ISSUANCE OF WARRANTS FOR JUVENILES; DETENTION ORDERS (\u00a7\n16.1-256)\n\nNo warrant of arrest shall be issued for any juvenile by a magistrate, except as\nfollows:\n\n1. As provided in § 16.1-260 on appeal from a decision of an intake officer\nto refuse to authorize a petition based solely upon a finding that no probable\ncause exists; or\n\n2. Upon a finding of probable cause to believe that the child is in need of\nservices or is a delinquent, when (i) the court is not open and (ii) the judge\nand the intake officer of the juvenile and domestic relations district court are\nnot reasonably available. For purposes of this section, the phrase “not\nreasonably available” means that neither the judge nor the intake officer\nof the juvenile and domestic relations district court could be reached after the\nappearance by the juvenile before a magistrate or that neither could arrive\nwithin one hour after he was contacted.\n\t\t\tWhen a magistrate is authorized to issue a warrant pursuant to subdivision 2,\nhe may also issue a detention order, if the criteria for detention set forth in\n§ 16.1-248.1 have been satisfied.\n\t\t\tWarrants issued pursuant to this section shall be delivered forthwith to the\njuvenile court.\n\nHISTORY: Code 1950, \u00a7 16.1-195; 1956, c. 555; 1958, c. 344; 1973, c. 440; 1977,\nc. 559; 1979, c. 701; 1980, c. 234; 1981, c. 184; 1983, c. 349; 1986, c. 295;\n1996, cc. 755, 914; 2021, Sp. Sess. I, c. 30.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}